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Maternity Leave & CS

rosie33's picture
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Anyone have experience with the BM being on maternity leave and your CS being raised?

Our BM is currently prego and decided she only wants to work part time now so Im sure when we go for CS mod next month it will be raised. We are worried when she kicks the baby out in Nov that she is going to ask for another mod and bc she will have no income it will get raised again - she some how manages to find a way to screw us every year around Christmas timeā€¦.every year for the past 4! Whether its lawyer fees or CS. We are just trying to prepare for the worst now so the kids dont get screwed bc we will be broke.

rosie33's picture

Oh trust me, we think just like you, that there is no way they would raise child support because she "voluntarily" got pregnant. However, I guarantee when we go next month because she decided she wants to work part time, that it will be raised. She currently gets $600/mo and they have 50/50. From what I was told, the new BD JUST got a job, apparently he was unemployed living on friends couches. Lovely.

Their oldest told us last night he needs swim trunks for field day and he will be with her that day but he doesn't have any. When we directed him to let her know so she has time to get them he said she would make him pay her back!!!! Then proceeds to tell us that she bought him a pair of headphones for him the other week and said he had to pay her back. He told her the only $ he had is his birthday $ from us - my fiance politely told her he will NOT be using that $ to pay her back, that is what CS is for. She went off. She said "the last time I checked, the $ goes into my account and what I do with it is my busines and you can keep the $20 because obviously you need it more than me". :?

amber3902's picture

CS can only be changed if there is a significant change in circumstances, that is a change in income for either parties either up or down. The amount is 10% or 20% change depending on your state.

If the change in income does not meet the thresshold, CS can be reviewed every 2-3 years, depending on your state.

amber3902's picture

Oh, I see what you're saying and you're right. I hope the judge sees this is a voluntary termination, but you never know.

rosie33's picture

ACTUALLY - little does she know, he got a paycut. His previous dept will be shutting down and instead of waiting for the worst to happen, he applied and moved to another dept. He took a $3 pay cut but we did not go into modify CS because we assumed that it would be viewed as voluntary and nothing would change. Wouldn't it be great if she goes in there to raise it and it got lowered?!!!! That would make my entire Summer!!! I can only hope the hearing officer will see hers as voluntary too but something tells me she is doing this because she knows she can. I guess we will wait and see. If it does get raised next month because she is working part time voluntarily, I told my fiance to call in or wait and talk to the officer without her there and ask about maternity. This way we can plan for it and not get a surprise come holidays.

Rags's picture

I doubt hour CS will go up because she choses to work part time or have a baby. Your DH does not have responsibility for her other spawn.

If you are getting your buts kicked that badly in court it is time to find a better lawyer.

My Skids SpermIdiot had 4 out of wedlock children by three different baby mamas. My SS is his oldest and our only. Never once was CS lowered due to DickHeads quest to impregnate every willing underage womb donor he could find. In fact CS went up. So, get a decent attorney and kick some ass.

Good luck.

herewegoagain's picture

The reality is that if his income has gone up, he'll probably have to pay more. I am shocked to hear how people think that because she has a child with another man she doesn't get more. Really? If you only got 500USD a month for one child and then had another child and asked for an increase in support and got it, guess what? You are getting more...and you are ASKING for more because you can't afford your second child. The fact is that unless the BM/custodial makes tons of money, the ex ends up paying for the greater portion of expenses of ALL kids in that home.

In TX you pay 20% for one kid, 25% for two, 30% for 3...etc...well, if BM had one kid with DH, ie. he paid 20% of income and then she had two more with her ex, guess what? her TWO KIDS are only costing her an additional 10% over the first one...so, yes, in reality the ex is paying for more than one kid...that is a fact of CS...no matter what the custodial parents claim.